Lovato v. San Juan County Adult Detention Center

Filing 5

ORDER TO SHOW CAUSE by Magistrate Judge Stephan M. Vidmar. Plaintiff must make an initial partial payment, or show cause why his complaint should not be dismissed, by August 7, 2017. (sg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JESUS P. LOVATO,
Plaintiff,
v.

No. 17-cv-0544 RB/SMV

SAN JUAN COUNTY ADULT
DETENTION CENTER,
Defendant.
ORDER TO SHOW CAUSE
THIS MATTER is before the Court sua sponte. On May 17, 2017, the Court granted
Plaintiff Jesus P. Lovato’s Application to Proceed in District Court Without Prepaying Fees or
Costs pursuant to 28 U.S.C. § 1915 and ordered Plaintiff to submit an initial partial payment in the
amount of $11.87 or show cause why the payment should be excused. [Doc. 3]. The deadline
for the submission of the initial partial payment has expired and, as of this date, Plaintiff has not
submitted the initial partial payment, shown cause why the payment should be excused, or
otherwise responded to the Court’s order. In light of Plaintiff’s failure to comply with the Court’s
order, the Court will require Plaintiff to show cause, within 30 days of the date of entry of this
order, why his civil rights complaint should not be dismissed. See Fed. R. Civ. P. 41(b)
(providing for involuntary dismissal “[i]f the plaintiff fails to prosecute or to comply with these
rules or a court order”); see also Cosby v. Meadors, 351 F.3d 1324, 1327 (10th Cir. 2003) (holding
that a prisoner civil rights action may be dismissed for “failure to pay the filing fee required by

§ 1915(b)” or “failure to comply with [a court] order”). Failure to submit the previously ordered
initial partial payment of $11.87, or show cause why Plaintiff’s civil rights complaint should not be
dismissed, within 30 days of the date of entry of this order may result in the dismissal of this action
without prejudice without further notice.
IT IS THEREFORE ORDERED that, within 30 days of the date of entry of this order,
Plaintiff shall send to the Clerk of the Court the previously ordered initial partial payment of
$11.87 or show cause why his civil rights complaint should not be dismissed.
IT IS SO ORDERED.

____________________________________
STEPHAN M. VIDMAR
United States Magistrate Judge

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